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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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HiI opened a Subway takeaway (franchise) in December 2012

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Hi

I opened a Subway takeaway (franchise) in December 2012 in Islington, London and made use of a surveyor to do all the drawing plans for the contractors. 6 months ago, I received a complaint via the Islington council from a estate agency behind us about a smell nuisance as it turns out the surveyor managed to plan the site with our extraction vent going directly behind our building next to our neighbour's window. When we were doing our store's shop fittings, the complainant's building was only just being constructed and was still a building site at that stage, however it was obvious that the site was going to be a multi story once they had completed their building works.

I have now been ordered by the council to alter my extraction system and extend it through the roof at least a meter above any other window.

We are obviously complying but my question is who would be liable for the alteration expenses (the building works and altering the lease)? I feel that the surveyor should have picked this all up initially when they did the initial planning but I've been told to cover the entire expense. Am I legally liable for all these costs if I've already paid the surveyors to get this right?

Alex Watts :

Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.

Alex Watts :

The surveyor is responsible

Alex Watts :

You need to write and set out your losses and request a payment within 14 days or say you will go to Court within 14 days. You should make sure you send this recorded delivery and keep a copy.


 


If they do not pay you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.


 


The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.


 


If the matter is defended it will be set down for a trial. If the claim is for £10,000 or less it will be a small claim and you will not need representation.


 


Can I clarify anything for you about this today please?


 

Customer:

Thanks very much, the the surveyor said this "The drawings and plans prepared were signed off by LL and yourself. At the time there was no perceived error in the plans and it is worth noting the property at the rear was a construction site." Would that support his defence in any way?

Alex Watts :

No it would not support him.

Alex Watts :

Does that clarify?

Customer:

Yes it does thank you very much

Alex Watts :

If this answers your question could I invite you leave feedback on my service which I hope has been excellent today, if you need more information or help then please click reply.


Please remember that I am always happy to help if you have future questions, even if I am in Court I can normally respond within a few hours. For future information, please start them with ‘For Alex W’.


 


Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/

Customer:

No problem, thanks

Alex Watts :

All the best

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